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Knight v. Tennessee

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
Feb 3, 2012
No. 3:11-0649 (M.D. Tenn. Feb. 3, 2012)

Opinion

No. 3:11-0649

02-03-2012

DONALD R. KNIGHT, JR. Petitioner, v. STATE OF TENNESSEE Respondent.


Judge Sharp

ORDER

On September 20, 2011, an order (Docket Entry No.10) was entered dismissing the instant pro se § 2254 habeas corpus action as untimely. At that time, the Court determined that a certificate of appealability should not issue. 28 U.S.C. § 2253(c).

Since the entry of this order, the petitioner has filed a Notice of Appeal (Docket Entry No.19), an application to proceed on appeal in forma pauperis (Docket Entry No.25), and a motion (Docket Entry No.24) to file the application to proceed on appeal in forma pauperis out of time.

The petitioner's motion to file the application to proceed on appeal in forma pauperis out of time is GRANTED.

Having determined that it would not be appropriate to issue a certificate of appealability, an appeal would not be brought in good faith. 28 U.S.C. § 1915(a)(3). Accordingly, petitioner's application to proceed on appeal in forma pauperis is hereby DENIED. The Clerk shall forward a copy of this order to the Clerk of the Sixth Circuit Court of Appeals.

It is so ORDERED.

_______________

Kevin H. Sharp

United States District Judge


Summaries of

Knight v. Tennessee

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
Feb 3, 2012
No. 3:11-0649 (M.D. Tenn. Feb. 3, 2012)
Case details for

Knight v. Tennessee

Case Details

Full title:DONALD R. KNIGHT, JR. Petitioner, v. STATE OF TENNESSEE Respondent.

Court:UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION

Date published: Feb 3, 2012

Citations

No. 3:11-0649 (M.D. Tenn. Feb. 3, 2012)